Special Counsel Jack Smith urged a federal appeals court on Monday to reinstate the criminal case accusing Donald Trump of retaining classified documents, after a lower court dismissed the indictment in July. Smith’s legal team filed a brief with the U.S. Court of Appeals for the 11th Circuit, based in Atlanta, requesting the overturn of U.S. District Court Judge Aileen Cannon’s July 15 ruling. Judge Cannon had ruled that Smith’s appointment was unlawful and that he lacked the legal authority to pursue the case.
Smith and his attorneys argued that Congress granted the Attorney General broad authority to structure the Department of Justice to fulfill its legal responsibilities. They contended that Judge Cannon’s ruling contradicts a consistent line of decisions, including from the Supreme Court, affirming the Attorney General’s authority. They also noted that the decision conflicts with longstanding appointment practices in the Department of Justice and across the government.
The Justice Department had previously announced its intent to appeal the ruling. In Monday’s brief, Smith’s office also requested the appellate court to schedule oral arguments. Judge Cannon, who Trump appointed, found that Attorney General Merrick Garland’s 2022 decision to appoint Smith violated the U.S. Constitution and that Smith’s budget, funded through an indefinite appropriation, was unlawful.
Trump’s lawyers had previously challenged the legal authority of Smith’s appointment, arguing that since Congress did not create Smith’s office and the Senate did not confirm him, his appointment was invalid. In response to Smith’s request, Trump’s campaign on Monday called for the rejection of the appeal and for the dismissal of other cases facing the former president.
Trump’s campaign spokesperson Steven Cheung issued a statement calling for the dismissal of what he termed “the Lawless Indictment in Florida” and the termination of all legal proceedings against Trump, accusing the Democrat Justice Department of orchestrating a politically motivated conspiracy.
Cannon’s ruling has faced significant criticism, with many attorneys arguing that it contradicts prior court decisions upholding the legality of the Justice Department’s procedures for appointing special counsels. Smith’s office maintained that the Attorney General validly appointed the Special Counsel, who also received proper funding. They argued that Cannon had “deviated from binding Supreme Court precedent” and “misconstrued the statutes” that authorized Smith’s appointment.
Cannon’s dismissal of the case marked a legal victory for Trump, coming shortly after the Supreme Court ruled that Trump had broad criminal immunity for official actions taken during his presidency. This Supreme Court decision has also delayed Smith’s second criminal case against Trump, which involves charges related to Trump’s efforts to overturn the results of the 2020 presidential election.
Smith faces a Friday deadline to inform the judge overseeing the election subversion case about how he intends to proceed, considering the Supreme Court’s ruling. Trump, who is running in the 2024 presidential election against Vice President Kamala Harris, was convicted in May on New York state charges involving hush money paid to a porn star to avert a sex scandal before the 2016 election. The Supreme Court’s ruling on presidential immunity has postponed his sentencing.
In the documents case, Trump was indicted on charges of willfully retaining sensitive national security documents at his Mar-a-Lago estate in Florida after leaving office in 2021 and obstructing government efforts to retrieve the material.
